Privacy Legislation Enacted in 2012

The California Legislature considers many bills on privacy issues each year. This page summarizes some of the recently enacted bills. The listing of these bills does not imply a position of support or opposition to any of them. To get more information on the bills and their status, enter the bill number in Bill Information search.

AB 1844 (Campos): Social media passwords - Employers
This law prohibits employers from requesting or requiring applicants or employees to disclose their social media usernames or passwords, or to access their social media accounts in the employer’s presence, with exceptions. Labor Code § 980

SB 1349 (Yee): Social media passwords – Higher Education
This law prohibits public and private postsecondary education institutions from requiring or requesting a current or prospective student or student group to disclose, access, or divulge personal social media information, with exception. It prohibits institutions from threatening or disciplining students who refuse to comply with the institution’s request or demand. This law requires institutions to post their social media policy on their websites. Education Code, §§ 99120-99121

AB 439 (Skinner): Health Care Data Breach
This law allows HIPPA-covered defendants to have an affirmative defense against liability in data breach suits, with actual damages still allowed. The defendants must have complied with all notification requirements, and released the personal information only to another covered entity or business associate. Both entities must also have taken reasonable and appropriate steps to stop any further release or disclosure. Civil Code § 56.36 (CMIA)

AB 2374 (Hernandez): Credit freeze
This law makes a credit “freeze” free for people 65 years of age and over. This law allows credit reporting agencies to charge a $5 fee for lifting, removing, or replacing the freeze. Civil Code §§ 1785.11 & 1785.15